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agritourism as expressed in this section. Except as otherwise provided for in this section, and notwithstanding
<br />any other provision of law, a local government may not adopt or enforce a local ordinance, regulation, rule, or
<br />policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as
<br />agricultural, land under s. 193.461. This subsection does not limit the powers and duties of a local government
<br />to address substantial offsite impacts of agritourism activities or an emergency as provided in chapter 252.
<br />570.86 Definitions—As used in ss. 570.85-570.89, the term:
<br />(1) "Agritourism activity" means any agricultural related activity consistent with a bona fide farm, livestock
<br />operation, or ranch or in a working forest which allows members of the general public, for recreational,
<br />entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical,
<br />cultural, civic, ceremonial, training and exhibition, or harvest -your -own activities and attractions. An agritourism
<br />activity does not include the construction of new or additional structures or facilities intended primarily to
<br />house, shelter, transport, or otherwise accommodate members of the general public. An activity is an
<br />agritourism activity regardless of whether the participant paid to participate in the activity.
<br />(2) "Agritourism operator" means a person who is engaged in the business of providing one or more
<br />agritourism activities, whether for compensation or not for compensation.
<br />(3) "Farm" means the land, buildings, support facilities, machinery, and other appurtenances used in the
<br />production of farm or aquaculture products, including land used to display plants, animals, farm products, or
<br />farm equipment to the public.
<br />(4) "Farm operation" has the same meaning as in s. 823.14.
<br />(5) "Inherent risks of agritourism activity" means those dangers or conditions that are an integral part of an
<br />agritourism activity including certain hazards, such as surface and subsurface conditions; natural conditions of
<br />land, vegetation, and waters; the behavior of wild or domestic animals; and the ordinary dangers of structures
<br />or equipment ordinarily used in farming and ranching operations. The term also includes the potential of a
<br />participant to act in a negligent manner that may contribute to the injury of the participant or others, including
<br />failing to follow the instructions given by the agritourism operator or failing to exercise reasonable caution while
<br />engaging in the agritourism activity.
<br />570.87 Agritourism participation impact on land classification.—
<br />(1) In order to promote and perpetuate agriculture throughout the state, farm operations are encouraged to
<br />engage in agritourism. The conduct of agritourism activity on a bona fide farm or on agricultural lands
<br />classified as such pursuant to s. 193.461 does not limit, restrict, or divest the land of that classification as long
<br />as such lands classified as agricultural remain used primarily for bona fide agricultural purposes.
<br />(2) Local governments and agricultural representatives shall meet for the purpose of discussing the benefits
<br />of agritourism to local economies and opportunities for cooperation, conflict resolution, regulatory streamlining,
<br />and incentives.
<br />James Stalnaker testififed – the barn was constructed for a showcase for buyers to come to Dade City to
<br />check out our horse offspring for purchase within the racing industry. The structure is a showpiece to bring in
<br />customers. That is why we are able to house horses and store hay, etc. Got into hosting events when my
<br />nephew wanted to get married in 2017. Property appraiser's #6 and #7 shows the wedding of our nephew.
<br />Wanted the barn to look nice. Charity events, politician fund raisers. Did not charge for events.
<br />Barbara Stalnaker testified- Folks found out about the barn on the Facebook page with a sketch of the barn
<br />before it was built. Did not put sketch on Facebooks for weddings, but to try to find things to buy to decorate.
<br />The Petitioner's evidence is relevant, credible, and admissible.
<br />Conclusions of Law
<br />CONCLUSION OF LAW
<br />The undersigned Special Magistrate finds that the following below is controlling and or persuasive in the
<br />recommendation:
<br />STATUTE: 193.461 Agricultural lands; classification and assessment; mandated eradication or quarantine
<br />program and in particular the "extenuating circumstances" test concerning the late filed matter as per Florida
<br />Statute 193.461 (3)(b)(1)(e).
<br />The Agrotourism statutes Florida Statutes 570.85, 570.86, and 570.87.
<br />As to petition 2018- AG 001, said petition is GRANTED.
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